Indian Penal Code, 1860, Section 366A, 376(2), 354A(1)(i)(2), (D), Protection of Children from Sexual Offences Act, 2012, Section 4, 7, 8, 11(iii), 12 -- Kidnapping and rape - Victim admits that she is aged about 18 years - She has not stated anything about subjecting her for forcible sexual act and evidence of father of victim is nothing but hearsay - There is no medical..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Company - Complaint by power of attorney holder - When attorney is totally unaware as to how when and why cheque was issued, he cannot prove execution merely on the basis of available record - Presumption will arise only when execution of cheque is proved - If complainants witness has no..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint by power of attorney holder - Power of attorney holder being an authorized representative of company, can file a complaint and give evidence but he must have either witnessed transaction or must possess direct knowledge of transaction...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint by power of attorney holder - A person who only became associated with company after transaction and who relies purely on records, cannot prove execution of cheque or transaction...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint by power of attorney holder - No specific averment in complaint that attorney holder witnessed the transaction as an agent of company or that he is having knowledge regarding transactions and execution of cheque - His proof affidavit shows that he became conversant with facts of case..........
Indian Penal Code, 1860, Section 365, 395, 34 -- Offence u/ss 365, 395, 34 IPC - Incident took place in the year 2017 - Nine years have elapsed - A3 and A5 were aged about 21 years and 24 years, respectively, when incident took place - No materials on record to show as to what was the result of case against remaining accused persons - A3 and A5 have no criminal antecedents..........
Indian Penal Code, 1860, Section 302 -- Murder - Number of injuries is not determining factor for ascertaining intention...........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident occurred over a very trivial issue of filling of water from hand pump and getting hand pump muddy - There was no premeditation and act was done in a heat of passion - None of PWs in their deposition have stated that appellant after injured had fallen down had inflicted any further injury when..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Intention of accused is important for constituting offence u/s 306 IPC and not what is felt by deceased...........
Indian Penal Code, 1860, Section 306, 204 -- Abetment of suicide - Words "go away and die" made by accused in midst of wordy quarrel between accused and deceased in heat of passion without having any intention to instigate deceased to commit suicide, do not constitute offence u/s 306 IPC - Offence u/s 204 IPC also not attracted...........
